Complaint: 17/222

1annette, Digital Marketing

Details

Complainants
M. Hanna
advertisers
1annette
Year
2017
Media
Digital Marketing
Product
Health and Beauty
Clauses
Decision
Upheld / Settled
ASA Links
Website Listing
Decision Document

Document

2017_22200.png

COMPLAINT NUMBER 17/222

COMPLAINANT M Hanna

ADVERTISER 1annette ADVERTISEMENT 1annette, Digital Marketing DATE OF MEETING 13 July 2017

OUTCOME Settled

Advertisement: A pain erazer product advertised on the Trade Me website, http://www.trademe.co.nz, described the benefits of the electronic acupuncture pen for a variety of health issues.

The Acting Chair ruled the complaint was Settled.

Complainant, M Hanna, said: An advertisement for Pain Erazor on Trade Me makes a number of unsubstantiated therapeutic claims, in violation of the Therapeutic and Health Advertising Code Rule 2(a) and Basic Principle 3 of the Advertising Code of Ethics.

The advertisement also uses scientific terminology inappropriately, in violation of the

Therapeutic and Health Advertising Code Rule 1(d).

As such, the advertisement also falls short of the standards of social responsibility required by Principle 1 of the Therapeutic and Health Advertising Code and Basic Principle 4 of the

Advertising Code of Ethics.

The unsubstantiated claims and inappropriate uses of scientific terminology include: Treatment principle of Electronic Acupuncture Pen uses electrical pulses to stimulate acupuncture points, then to activate cell and dredging the channel

The advertisement also contains a number of images, including one that shows several people experiencing pain. The implication of this, particularly in the context of the product's name Pain Erazor (which I understand is itself outside of the ASA's jurisdiction), is that the product is able to effectively relieve pain.

There is no high quality evidence that the product is effectively able to relieve pain or treat any of the listed conditions.

The relevant provisions were Therapeutic and Health Advertising Code - Guideline

1(d), Guideline 2(a), Principle 1, Principle 2.

The Acting Chair noted the Complainant's concern that the listing on the Trade Me website

made unsubstantiated claims about the effectiveness of a pain erazer product.

The Acting Chair acknowledged the Advertiser had since removed the listing, upon receiving the complaint.

Given the Advertiser's co-operative engagement with the process and the self-regulatory action taken in removing the listing, the Acting Chair said that it would serve no further purpose to place the matter before the Complaints Board. The Acting Chair ruled that the matter was settled.

Acting Chai r' s Ruling: Complaint Settled